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Emerging Companies

Overview

Nutter clearly understands the inherent risks for emerging companies, so our seasoned team of attorneys brings clients the highest level of confidence as it provides the strategic legal counsel, contacts and expertise that leads to success. Our business and intellectual property lawyers are experienced on all sides of the complex issues that emerging companies are likely to encounter.

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Resources

Our business attorneys have deep knowledge in all areas impacting emerging companies including licensing, distribution, e-business, venture capital, and strategic partnering. In addition, our intellectual property lawyers provide the legal and scientific depth necessary to secure and defend the patents, trademarks, and other rights that are essential to the future of emerging companies, regardless of the technological sphere. Rounding out our resources is the TechLaw Group, Inc., a resource network of over five thousand lawyers whose clients include many of the world's foremost technology-based businesses and of which Nutter is a founding member. With seventeen independent member firms based in North America and Europe, and member offices in more than eighty-five cities around the world, we can, in appropriate cases, access the expertise of our TechLaw colleagues to serve our clients' needs around the globe.

Our Practice

Our emerging company clients turn to us to:

  • Form entities based upon issues such as stockholder make-up, anticipated funding sources, and technology strategy
  • Protect intellectual property through patent rights, confidentiality and proprietary information agreements with employees and independent contractors, and license technology in or out
  • Assist with equity financing in compliance with federal and state government regulations
  • Introduce emerging companies to sources of "angel" and venture capital financing, strategic partners, and other sources of equity financing
  • Take maximum advantage of equity incentive compensation and navigate the complex interplay of tax, legal, and accounting considerations
  • Negotiate domestic and international OEM/VAR/distribution agreements and consider all international tax, competition, quality standards, and other requirements that can make otherwise simple distribution decisions a source of considerable risk
  • Structure strategic partnering agreements
  • Handle mergers and acquisitions as both a growth and an exit strategy
  • Handle public offerings, ranging from several million dollars to hundreds of millions

As a full-service law firm, we are also able to meet emerging companies' needs by drawing from the expertise of our attorneys practicing in the areas of labor/management relations, litigation, environmental counseling and permitting, debt and lease financing, and specialized estate planning for founders and entrepreneurs.

To ensure that promising emerging company clients receive the attention their success requires, we have a policy of extending flexible payment terms within agreed parameters under appropriate circumstances, in light of the company's business plan, legal needs and cash-flow requirements.

Nutter supports ventures across the innovation economy:

  • Biomedical Devices
  • Biotechnology
  • Pharmaceuticals
  • Life sciences
  • Software
  • Hardware
  • Information Technology
  • Cleantech
  • Mobile
  • Consumer Products
  • Analytics
  • New Media
  • Robotics
  • Financial Technology
  • Education Technology 

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Representative Matters

Representative Matters

  • Ekso Bionics Holdings, Inc.

    Strategic acquisition of gravity balancing arm technologies of Equipois, LLC.

  • Netra, Inc.

    Series Seed financing led by Launchpad Venture Group and NXT Ventures with participation from Zelkova Ventures, Mark Cuban, Berwind LLC, and other prominent angels
    $1.85 million

  • McCarthy Capital

    Recapitalization and growth equity investment in Bamboo Rose Partners

  • McCarthy Capital

    Recapitalization and growth equity investment in Seven10 Storage Software, LLC

  • Drafted, Inc.

    Venture financing
    $2.5 million

  • BoardOn Track, Inc.

    Venture financing
    $1.7 million

  • Alcyone LifeSciences, Inc.

    Medical device for treatment of neuropathological conditions
    Series B Financing
    Series A-1 Financing
    Series A Financing

  • GoodTwo, Inc.

    Web-based fundraising & cause marketing tool
    Series A Preferred Stock Financing

  • Incentive Targeting, Inc.

    Marketing & incentive management tools for grocery industry
    Series A-2 Preferred Stock Financing

  • InCrowd, Inc.

    Mobile-based real-time decision support
    Series Seed Preferred Stock Financing

  • MedicaMetrix, Inc.

    Medical devices for urology for better diagnosis and monitoring
    Series A

  • Mosaic Storage Systems, Inc.

    Cloud-based photograph back-up technology
    Series A-1 Financing
    Series A Financing
    Convertible Bridge Note Financing

  • Powerhouse Dynamics, LLC

    Developer of the award-winning SiteSage enterprise energy and asset management system
    Series B Financing
    Series A Preferred Stock Financing

  • Repsly Inc.

    B2B Mobile Cloud solution provider who simplifies field activity management
    Secured round of equity financing from LaunchPad Venture Group and FirstBeverage Group

  • Thermedical, Inc.

    Saline-enhanced radio frequency (SERF) ablation systems
    Series A-2 Financing
    Series A-1 Financing

  • TiE-Angels

    ‘For Entrepreneurs By Entrepreneurs’ investment group
    Series A Financing

  • TurningArt

    Web-based art rotation service making art accessible
    Series Seed 2 Financing
    Series Seed Financing

  • Zagster, Inc.

    Online bikesharing programs
    Seed Financing Angel Round

  • New Zealand private equity fund

    Investment into a Massachusetts-based medical device company

  • Extreme obstacle course racing early stage company

    Funding round awarded on “Shark Tank” program

  • Software application & development early stage company

    SAFE investment (Simple Agreement for Future Equity)
    $750,000

  • Guided Surgery Solutions, LLC (medical devices)

    Accelerator loan from Massachusetts Life Sciences Center

  • iGetBetter, Inc.

    Supplier of cloud-based post-acute care transition solutions
    Series A Round

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